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Cartels are agreements among competitors fixing prices, allocating markets or rigging tenders (bids). They are the most harmful of all types of competition law violations and should be sanctioned severely. Cartel cases are unique. The most important part of a cartel case is simply proving that such an agreement existed. But getting direct evidence of a cartel agreement can be difficult. Cartel operators work in secret and often do not
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This roundtable addressed how to define entry barriers, whether a precise definition is really required, how various types of barriers affect the likelihood, timing, and extent of entry, and how competition agencies assess entry conditions.
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This 2005 report examines the progress in the ongoing fight against cartels; it focuses on enforcement action; public awareness; effective sanctions, in particular sanctions against individuals; and international cooperation in cartel cases.
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These Best Practices aim to identify safeguards that member countries should consider applying when they authorise competition authorities to exchange confidential information in cartel investigations.
International co-operation between OECD countries on anticompetitive practices affecting international trade has been in operation for more than 40 years based on a series of Council Recommendations which have been elaborated and progressively refined by the Competition Committee.
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Individual sanctions can be an important tool in the fight against cartels, as corporate fines are almost never sufficiently high to be an optimal deterrent. A country’s decision whether to provide for criminal sanctions depends on several factors, such as the cultural and legal environment and the competition authority’s resources. If a country provides for criminal sanctions, relatively short prison sentences appear to be the most
This book reviews progress in the fight against hard core cartels. The OECD has been leading an international effort to halt cartel conduct since adopting its 1998 Recommendation concerning effective action against hard core cartels.
Adopted on 25 March 1998, this Recommendation advises member countries to ensure that their competition laws effectively halt and deter hard core cartels by providing for effective sanctions and adequate enforcement procedures and institutions to detect and remedy hard core cartels.
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This Recommendation was adopted by the Council of the OECD on 25 March 1998.
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This glossary of terms frequently used in the field of industrial organisation economics and competition law has been compiled for pedagogical and training purposes.